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In Uyo, Industrial Court sets aside appointment termination Dr. Fadamana from Maritime Academy

470 Tuesday 23rd March 2021

The Presiding Judge, Uyo Judicial Division of the National Industrial Court, His Lordship, Hon. Justice Mahmood Namatari has set aside the purported contract termination of Dr. Fadamana Edet, ordered Maritime Academy of Nigeria to pay him the sum of Five Million, Eight Hundred and Sixty Nine Thousand, Six hundred and Twenty-Four Naira as arrears, outstanding salary, and peculiar allowance covering the period November 2018 to September 2019, within 30 days.

The court held that the termination of the employment of Dr. Fadamana is wrongful, null, and void for not being in compliance with the terms and conditions of the contract of employment.

From facts, the claimant- Dr. Fadamana Edet had submitted that the academy terminated his contract appointment 10 months before its expiration without due process and averred that the purported notice of termination issued on the 24th of October 2018 and made to take effect on the day of November 2018, cannot be said to be a month’s notice but only 8 days’ notice, urged the court to grant the reliefs sought. 

In defence, the academy averred that either party has the right pursuant to the Contract Agreement to terminate the Appointment that the institution not liable for Dr. Fadamana frivolous and vexatious claims.

The academy counsel, E. E. OKONKWO Esq urged the Court to strike out the name of the rector from the suit for no reasonable cause of action and further that Dr. Fadamana has not placed any evidence to prove that his contract of service was unlawfully terminated.

In opposition, Claimant’s learned counsel, Ita Okpoyo Esq with Davies Davies Esq and Gregory Eton Esq submitted that Dr. Fadamana Contract Appointment with the academy cannot be terminated in a vacuum without conformity with the Public Service Rules and the contract agreement, urged the court to award cost of N500,000.00 against the Defendants for the pains caused the Claimant.

Delivering the Judgment after careful perusal of the submissions of both parties, the presiding Judge, Justice Mahmood Namtari struck out the name of rector for failure to disclose any cause of action against him and held that the appointment contract of Dr. Fadamana is a fixed one for a term certain. 

Lastly, the court also awarded the sum of One Million, One Hundred, and Sixty-Two Thousand and Two Hundred and Sixteen Naira against the academy for unlawful contract appointment termination.

Click on this link to read full judgment via the judgment’s Portall